A judge says he will decide today whether to throw out the nation’s first case of cyber-bullying, in which a woman is accused of causing one of her daughter’s rivals to commit suicide by rejecting her on a social Web site while pretending to be a boy.

When the prosecution rested its case Friday, Lori Drew’s attorney moved for an immediate dismissal based on testimony from his client’s unindicted co- conspirator that Drew never saw the MySpace user contract — which forbids setting up fake profiles — since she wasn’t the one who set up the phony “Josh” account.

After retreating to his chambers for a half-hour, U.S. District Judge George Wu asked both sides to file written briefs and scheduled a hearing on the matter for 10 a.m. today.

“Intentionality is a requirement” of conspiracy, the judge said.

Drew, 49, is charged with three federal counts of illegally accessing protected computers without authorization. The suburban St. Louis mom is also accused of conspiracy, although no co-conspirators have been charged. If convicted of all counts, Drew faces up to 20 years in federal prison.

During its case, prosecutors outlined an alleged scheme in which Drew, her teenage daughter, Sarah, and family friend Ashley Grills created a fake MySpace profile and sent cruel text messages to humiliate Megan Meier, a 13- year-old former friend of Drew’s daughter. The teen, who was being treated for depression and attention deficit disorder, hanged herself in October 2006 after receiving a series of messages via MySpace and AIM — America Online’s instant messaging service — from a person she thought was a boy named Josh, who initially `indicated’ he liked her, then said the world would be a better place without her.

Grills, 20, testifying Thursday under a grant of immunity, told the six- man, six-woman jury that she — not Drew — had created the “Josh” profile and typed the final e-mail to Meier, who lived several doors down from the Drews in a St. Louis suburb.

That testimony was bolstered Friday by the defendant’s daughter, who told the jury that Grills set up the counterfeit MySpace account and only told her mother about it later.

Sarah Drew said her mom “thought it was a good idea at first.”

A longtime friend and neighbor of Drew’s said the defendant had told her about the scheme a few weeks before the girl committed suicide.

“She said she wanted to mess with Megan to find out what she was saying about Sarah,” said Michelle Mulford, whose own teenage daughter also sent nasty e-mails to Megan.

When the girl died, Mulford testified it was Drew who called to tell her the news.

“She said, `I just want to let you know that Megan’s dead’ — very matter-of-fact,” Mulford said. “She said, `If it wasn’t this, it would’ve been something else”‘ that would have prompted the suicide.

Missouri prosecutors declined to bring a case against Drew, concluding that while her actions were reprehensible, they were not illegal. U.S. Attorney Tom O’Brien filed a federal case in Los Angeles because Fox Interactive, which owns MySpace, is based in Beverly Hills.